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Yes. For a party in litigation (regardless of whether the party is an individual or an entity), the normal procedure is to serve a Demand for Production of Documents and Things pursuant to California Code of Civil Procedure section 2031.010, et seq.
A Subpoena Duces Tecum (meaning 'subpoena for production of evidence') is a court order requiring the person subpoenaed to produce books, documents or other records under his or her control at a specified time/place in a court hearing or a deposition.
Take a blank Subpoena to the clerk to have it issued. Take a blank Civil Subpoena (Form SUBP-001 ) to the clerk. Fill out the Subpoena. Make copies of your issued Subpoena. Serve the Subpoena. Fill out Page 3 of the original Civil Subpoena. Return the Subpoena to the clerk before your hearing (or trial).
The first, called subpoena ad testificandum (pronounced "ad test- te-fi-kan-dum"), requires you to testify before a court, or other legal authority. The second, called subpoena duces tecum (pronounced "doo-seez tee-kum"), requires you to produce documents, materials, or other tangible evidence.
You may subpoena the other party or a non-party witness to the hearing if: He or she is a California resident. You need him or her to come to court to testify and there is a possibility he or she may not come. He or she has documents you need to support your case and will not give them to you.
Individuals may require subpoenas in order to justify missing work to their employer or because they do not willfully want to involve themselves in the proceedings. A subpoena can also be issued if a party wants a person or organization to provide him or her with certain documents or physical evidence.
Some purported subpoenas are not valid. For example, if a subpoena violates a case management order or a local rule, or the subpoena issued from another state, the subpoena may be invalid and you may not need to respond at all.
A subpoena is a court order and therefore there can not be a subpoena issued without a legal action pending. A party to the legal action requests the Court issue the subpoena and if the Court agrees, it will issue the subpoena with the... Thank you very much for your explanation of this to me.
A subpoena doesn't even need to be signed by a judge. A court clerk, prosecutor or even a private attorney can issue a subpoena to gather information.All you need is to have possession of some record that is remotely likely to contain information relevant to a case or investigation.